(a)The monthly retired pay of a person entitled to that pay under this chapter is the product of—
(1)the retired pay base for that person as computed under section
1407 of this title; and
(2)21/2 percent of the years of service credited to that person under section
12733 of this title.
(b)If a person entitled to retired pay under this chapter has been credited by the Secretary concerned with extraordinary heroism in the line of duty and if the highest grade held satisfactorily by that person at any time in the armed forces is an enlisted grade, the person’s retired pay shall be increased by 10 percent of the amount determined under subsection (a). The Secretary’s determination as to extraordinary heroism is conclusive for all purposes.
(1)Except as provided in paragraph (2), the total amount of the monthly retired pay computed under subsections (a) and (b) may not exceed 75 percent of the retired pay base upon which the computation is based.
(2)In the case of a person who retires after December 31, 2006, with more than 30 years of service credited to that person under section
12733 of this title, the total amount of the monthly retired pay computed under subsections (a) and (b) may not exceed the sum of—
(A)75 percent of the retired pay base upon which the computation is based; and
(B)the product of—
(i)the retired pay base upon which the computation is based; and
(ii)21/2 percent of the years of service credited to that person under section
12733 of this title, for service under conditions authorized for purposes of this paragraph during a period designated by the Secretary of Defense for purposes of this paragraph.
(d)Amounts computed under this section, if not a multiple of $1, shall be rounded down to the next lower multiple of $1.
(1)If a member of the Retired Reserve is recalled to an active status in the Selected Reserve of the Ready Reserve under section
10145(d) of this title and completes not less than two years of service in such active status, the member is entitled to the recomputation under this section of the retired pay of the member.
(2)The Secretary concerned may reduce the two-year service requirement specified in paragraph (1) in the case of a member who—
(A)is recalled to serve in a position of adjutant general required under section
314 of title
32 or in a position of assistant adjutant general subordinate to such a position of adjutant general;
(B)completes at least one year of service in such position; and
(C)fails to complete the minimum two years of service solely because the appointment of the member to such position is terminated or vacated as described in section
324(b) of title
2006—Subsec. (c). Pub. L. 109–364designated existing provisions as par. (1), substituted “Except as provided in paragraph (2), the” for “The”, and added par. (2).
2002—Subsec. (b). Pub. L. 107–314, § 632(a)(2), added subsec. (b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 107–314, § 632(a)(1), (b), redesignatedsubsec. (b) as (c) and substituted “total amount of the monthly retired pay computed under subsections (a) and (b)” for “amount computed under subsection (a)”. Former subsec. (c) redesignated (d).
Pub. L. 107–314, div. A, title VI, § 632(c),Dec. 2, 2002, 116 Stat. 2572, provided that: “The amendments made by subsections (a) and (b) [amending this section] shall take effect on October 1, 2002, and shall apply with respect to retired pay for months beginning on or after that date.”
Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 ofPub. L. 103–337, set out as a note under section
10001 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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